Decision No 3/2000 of the EU-Romania Association Council of 29 September 2000 adopting the terms and conditions for the participation of Romania in Community programmes in the fields of training and education
Date: 2000-09-29
Institutions: EC–Romania Association Council
Subjects: EU programme, Romania, education, vocational training

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II

(Acts whose publication is not obligatory)

COUNCIL

DECISION No 3/2000 OF THE EU-ROMANIA ASSOCIATION COUNCIL

of 29 September 2000

adopting the terms and conditions for the participation of Romania in Community programmes in
the fields of training and education

(2000/765/EC)

THE ASSOCIATION COUNCIL,

HAS DECIDED AS FOLLOWS:

Having regard to the Additional Protocol to the Europe Agree-
establishing an association between the European
ment
Communities and their Member States, of the one part, and
Romania, of the other part, concerning Romania's participation
in Community programmes (1), and in particular Articles 1 and
2 thereof,

Whereas:

(1)

(2)

(3)

the Additional Protocol,
According to Article 1 of
Romania may participate in Community framework
programmes, specific programmes, projects or other
actions notably in the fields of training and education.

According to Article 2 of the Additional Protocol, the
terms and conditions for the participation of Romania in
these activities shall be decided by the Association
Council.

participation

Following Decision No 2/97 of the Association Council
between the European Communities and their Member
States, of the one part, and Romania, of the other part of
4 August 1997 adopting the terms and conditions for
Community
the
programmes in the fields of training youth and educa-
tion (2), Romania has been participating in the first
phase of
the Leonardo da Vinci (3) and Socrates (4)
programmes since 1 September 1997, and has expressed
the wish to participate in the second phase of
the
programmes,

Romania

of

in

Article 1

Romania shall participate in the second phase of the European
Community programmes Leonardo da Vinci and Socrates set
out respectively in Council Decision 1999/382/EC of 26 April
1999 establishing the second phase of the Community voca-
tional training action programme ‘Leonardo da Vinci’ (5) and
Decision No 253/2000/EC of the European Parliament and of
the Council of 24 January 2000 establishing the second phase
of the Community action programme in the field of education
‘Socrates’ (6) (hereinafter referred to as ‘Leonardo da Vinci II’
and ‘Socrates II’) according to the terms and conditions set out
in Annexes I and II which shall form an integral part of this
Decision.

Article 2

This Decision shall apply for the duration of the Leonardo da
Vinci II and Socrates II programmes, starting from 1 January
2000.

Article 3

This Decision shall enter into force on the day of its adoption
by the Association Council.

Done at Brussels, 29 September 2000.

For the Association Council

The President

P. ROMAN

(1) OJ L 317, 30.12.1995, p. 40.
(2) OJ L 229, 20.8.1997, p. 5.
(3) OJ L 340, 29.12.1998, p. 8.
(4) OJ L 87, 20.4.1995, p. 10. Decision amended by Decision No 576/

98/EC (OJ L 77, 14.3.1998, p. 1).

(5) OJ L 146, 11.6.1999, p. 33.
(6) OJ L 28, 3.2.2000, p. 1.

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ANNEX I

TERMS AND CONDITIONS FOR THE PARTICIPATION OF ROMANIA IN THE LEONARDO DA VINCI II, AND
SOCRATES II PROGRAMMES

1. Romania will participate in the activities of the Leonardo da Vinci II and Socrates II programmes (hereinafter referred
to as ‘the Programmes’) in conformity, unless otherwise provided in this Decision, with the objectives, criteria,
procedures and deadlines as defined in Council Decision 1999/382/EC and Decision No 253/2000/EC) of the
European Parliament and of the Council establishing these Community action programmes.

2. In conformity with the terms of the Articles 5 of the Decisions on Leonardo da Vinci II and Socrates II and with the
provisions relating to the responsibilities of the Member States and of the Commission concerning the Leonardo da
Vinci and Socrates National Agencies adopted by the Commission, Romania will establish the appropriate structures
for the coordinated management of the implementation of the programme actions at national level, and will take the
measures needed to ensure the adequate funding of these Agencies which will receive programme grants for their
activities. Romania will take all other necessary steps for the efficient running of the Programmes at national level.

3. To participate in the Programmes, Romania will pay each year a contribution to the General Budget of the European

Union according to the arrangements set out in Annex II.

If necessary in order to take account of programme developments, or the evolution of Romania's absorption capacity,
the Association Committee is entitled to adapt this contribution, so as to avoid a budgetary imbalance in the
implementation of the programmes.

4. The terms and conditions for the submission, assessment and selection of applications related to eligible institutions,
organisations and individuals of Romania will be the same as those applicable to eligible institutions, organisations
and individuals of the Community.

Romanian experts may be taken into consideration by the Commission when appointing independent experts
according to the relevant provisions of the decisions establishing the programmes to assist it in project evaluation.

5. With a view to ensuring the Community dimension of the Programmes, in order to be eligible for Community
financial support, projects and activities will have to include a partner from at least one of the Member States of the
Community.

6. For the mobility activities referred to in Annex I, section III.1 of the Leonardo da Vinci II decision, and for the
Socrates decentralised actions, as well as for financial support to the activities of the National Agencies set up in
accordance with point 2 above, funds will be allocated to Romania on the basis of the annual programme budget
breakdown decided at Community level and Romania's contribution to the programme. The maximal amount of
financial support to the activities of the National Agencies will not exceed 50 % of the budget for the National
Agencies' work programmes.

7. The Member States of the Community and Romania will make every effort, within the framework of existing
provisions, to facilitate the free movement and residence of students, teachers, trainees, trainers, university adminis-
trators, young people and other eligible persons moving between Romania and the Member States of the Community
for the purpose of participating in activities covered by this Decision.

8. Activities covered by this Decision will be exempt from imposition by Romania of indirect taxes, customs duties,
prohibitions and restrictions on imports and exports in respect of goods and services intended for use under such
activities.

9. Without prejudice to the responsibilities of the Commission of the European Communities and the Court of Auditors
of the European Communities in relation to the monitoring and evaluation of the programmes pursuant to the
Decisions on Leonardo da Vinci II and Socrates II (Articles 13 and 14 respectively), the participation of Romania in
the programmes will be continuously monitored on a partnership basis involving the Commission of the European
Communities and Romania. Romania will submit to the Commission relevant reports and take part in other specific
activities set out by the Community in that context.

10. In conformity with the Community's Financial Regulations, contractual arrangements concluded with, or by, entities
of Romania shall provide for controls and audits to be carried out by, or under the authority of, the Commission and
the Court of Auditors. As far as financial audits are concerned, they may be carried out with the purpose of
controlling such entities' income and expenditures, related to the contractual obligations towards the Community. In
a spirit of cooperation and mutual interest, the relevant authorities of Romania shall provide any reasonable and
feasible assistance as may be necessary or helpful under the circumstances to perform such controls and audits.

The provisions relating to the responsibilities of the Member States and of the Commission concerning the Leonardo
da Vinci and the Socrates National Agencies adopted by the Commission will apply to the relations between
Romania, the Commission and the Romanian National Agencies. In the event of irregularity, negligence or fraud
imputable to the Romanian National Agencies, the Romanian authorities shall be responsible for the funds not
recovered.

11. Without prejudice to the procedures referred to in Articles 7 of the Decision on Leonardo da Vinci II and Article 8 of
the Decision on Socrates II, representatives of Romania will participate as observers in the Programme Committees,
for the points which concern them. These committees shall meet without the presence of representatives of Romania
for the rest of the points, as well as, at the time of voting.

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12. The language to be used in contacts with the Commission, as regards the application process, contracts, reports to be
submitted and other administrative arrangements for the programmes, will be any one of the official languages of the
Community.

13. The Community and Romania may terminate activities under this Decision at any time upon twelve months' notice
in writing. Projects and activities in progress at the time of termination shall continue until their completion under
the conditions laid down in this Decision.

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FINANCIAL CONTRIBUTION OF ROMANIA TO LEONARDO DA VINCI II AND SOCRATES II

ANNEX II

1. Leonardo da Vinci

The financial contribution to be paid by Romania to the budget of the European Union to participate in the Leonardo
da Vinci II programme will be the following (in euro):

2000

2001

2002

2003

2004

2005

2006

4 317 000

4 437 000

4 737 000

4 948 000

5 158 000

5 428 000

5 638 000

2. Socrates

The financial contribution to be paid by Romania to the budget of the European Union to participate in the Socrates II
programme in 2000 will be EUR 7 743 000.

The contribution to be paid by Romania for the following years of the programme will be decided by the Association
Council

in the course of the year 2000.

3. Romania will pay the contribution mentioned above, partly from the Romanian national budget, and partly from
Romania's PHARE National Programme. Subject to a PHARE separate programming procedure, the requested PHARE
funds will be transferred to Romania by means of a separate Financing Memorandum. Together with the part coming
from Romania's State budget, these funds will constitute Romania's national contribution, out of which it will make
payments in response to annual calls for funds from the Commission.

4. PHARE funds will be requested according to the following schedule:

— EUR 3 846 500 for the contribution to the Socrates II programme in 2000;
— for the contribution to the Leonardo da Vinci II programme, the following yearly amounts (in euro):

2000

2001

2002

2003

2004

2005

2006

2 146 500 2 206 500 2 356 500 Amount

to be

specified later

Amount
specified later

to be

Amount
specified later

to be

Amount
specified later

to be

The remaining part of the contribution of Romania will be covered from the Romanian State budget.

5. The Financial Regulation applicable to the General Budget of the European Community (1) will apply, notably as

regards the management of the contribution of Romania.

Travel costs and subsistence costs incurred by representatives and experts of Romania for the purposes of taking part
as observers in the work of the committees referred to in Annex I, Point 11 or other meetings related to the
implementation of the Programmes shall be reimbursed by the Commission on the same basis as and in accordance
with the procedures currently in force for nongovernmental experts of the Member States of the European Union.

6. After the entry into force of this Decision and at the beginning of each following year, the Commission will send to
Romania a call for funds corresponding to its contribution to each of the respective programmes under this Decision.

This contribution shall be expressed in euro and paid into an euro bank account of the Commission.

Romania will pay its contribution according to the call for funds:

— by 1 May for the part financed from its national budget, provided that the call for funds is sent by the Commission

before 1 April, or at the latest one month after the call for funds is sent if later;

— by 1 May for the part financed from PHARE, provided that the corresponding amounts have been sent to Romania

by this time, or at the latest in a period of 30 days after these funds have been sent to Romania.

Any delay in the payment of the contribution shall give rise to the payment of interest by Romania on the outstanding
amount from the due date. The interest rate corresponds to the rate applied by the European Central Bank, on the due
date, for its operations in euro,

increased by 1,5 percentage points.

(1) OJ L 356, 31.12.1977, p. 1. Financial Regulation as last amended by Regulation (EC, ECSC, Euratom) No 2673/1999 (OJ L 326,

18.12.1999, p. 1).